THE CONSTITUTION (AMENDMENT)ACT, 2005 ARRANGEMENT...

THE CONSTITUTION (AMENDMENT)ACT, 2005__________

ARRANGEMENT OF SECTIONSSection

PART I—PRELIMINARY1. Short title

PART II—AMENDMENT OF CHAPTER TWO OF THECONSTITUTION–THE REPUBLIC

2. Amendment of article 5 of the Constitution3. Replacement of article 6 of the Constitution4. Insertion of new article 8A

PART III—AMENDMENT OF CHAPTER THREE OF THECONSTITUTION–CITIZENSHIP

5. Amendment of article 14 of the Constitution6. Amendment of article 15 of the Constitution7. Amendment of article 16 of the Constitution8. Amendment of article 17 of the Constitution

PART IV—AMENDMENT OF CHAPTER FOUR OF THECONSTITUTION–PROTECTION AND PROMOTION OF FUNDAMENTAL

AND OTHER HUMAN RIGHTS AND FREEDOMS


PART V—AMENDMENT OF CHAPTER FIVE OF THECONSTITUTION - REPRESENTATION OF THE PEOPLE


Section

PART VI—AMENDMENT OF CHAPTER SIX OF THECONSTITUTION–THE LEGISLATURE

17. Amendment of article 77 of the Constitution18. Amendment of article 80 of the Constitution19. Amendment of article 81 of the Constitution20. Insertion of new article 82A21. Amendment of article 84 of the Constitution22. Amendment of article 85 of the Constitution23. Replacement of article 87 of the Constitution

24. Insertion of new article 87A25. Replacement of article 88 of the Constitution26. Replacement of article 90 of the Constitution

PART VII—AMENDMENT OF CHAPTER SEVEN OF THECONSTITUTION - THE EXECUTIVE

27. Amendment of article 103 of the Constitution28. Amendment of article 105 of the Constitution29. Amendment of article 108 of the Constitution30. Insertion of new article 108A31. Amendment of article 111 of the Constitution32. Insertion of new article 119A

PART VIII—AMENDMENT OF CHAPTER NINE OF THECONSTITUTION - FINANCE

33. Amendment of article 163 of the Constitution

PART IX—AMENDMENT OF CHAPTER TEN OF THECONSTITUTION - THE PUBLIC SERVICE

34. Insertion of new article 173A

PART X—AMENDMENT OF CHAPTER ELEVEN OF THECONSTITUTION - LOCAL GOVERNMENT

35. Amendment of article 181 of the Constitution36. Replacement of article 188 of the Constitution

Section

37. Amendment of article 191 of the Constitution38. Amendment of article 200 of the Constitution39. Replacement of article 203 of the Constitution

PART XI—AMENDMENT OF CHAPTER THIRTEEN OF THECONSTITUTION - INSPECTORATE OF GOVERNMENT

40. Amendment of article 231 of the Constitution41. Amendment of article 232 of the Constitution

PART XII—AMENDMENT OF CHAPTER FOURTEEN OF THECONSTITUTION - LEADERSHIP CODE OF CONDUCT


PART XIII—AMENDMENT OF CHAPTER FIFTEEN OF THECONSTITUTION - LAND AND ENVIRONMENT

43. Replacement of article 244 of the Constitution

PART XIV—AMENDMENT OF CHAPTER SEVENTEEN OF THECONSTITUTION - GENERAL AND MISCELLANEOUS

44. Replacement of article 255 of the Constitution

PART XV—AMENDMENT OF CHAPTER NINETEEN OF THECONSTITUTION - TRANSITIONAL PROVISIONS

45. Miscellaneous repeals46. Insertion of articles on transition.

PART XVI—AMENDMENT OF SCHEDULES TO THE CONSTITUTION

47. Amendment of Second Schedule to the Constitution48. Amendment of Third Schedule to the Constitution49. Amendment of Fourth Schedule to the Constitution

THE CONSTITUTION (AMENDMENT) ACT, 2005.

An Act to amend the Constitution in accordance with article 261 of theConstitution: to distinguish Kampala as the capital city of Uganda and toprovide for its administration and for the delineation of its boundaries; toprovide for Swahili as the second official language of Uganda; to provide forthe leader of the opposition in Parliament under the multiparty politicalsystem; to remove the limits on the tenure of office of the President; to createthe offices of Prime Minister and Deputy Attorney General; to provide for theindependence of the Auditor General and to provide for the procedure for hisor her removal; to provide for the creation and functions of special courts tohandle offences relating to corruption; to establish and prescribe the functionsof a Leadership Code Tribunal; to provide for the control of minerals andpetroleum; to provide for the holding of referenda generally; to makemiscellaneous repeals to the spent provisions of the Constitution and to providetransitional provisions having regard to the amendments made in theConstitution; and for related matters.

DATE OF ASSENT: 26th September, 2005.

Date of Commencement: 30th September, 2005.

BE IT ENACTED by Parliament as follows:PART I—PRELIMINARY.

1. Short titleThis Act may be cited as the Constitution (Amendment) Act, 2005.

PART II—AMENDMENT OF CHAPTER TWO OF THECONSTITUTION–THE REPUBLIC

2. Amendment of article 5 of the ConstitutionArticle 5 of the Constitution is amended by substituting for clause (4) thefollowing—

“(4) Kampala, located in Buganda shall be the capital city for Uganda and shall be administered by the Central Government.

(5) The territorial boundary of Kampala shall be delineated by Act ofParliament.

(6) Parliament shall, by law, make provision for the administration anddevelopment of Kampala as the capital city.”

3. Replacement of article 6 of the ConstitutionFor article 6 of the Constitution, there is substituted the following—

“6.Official language(1) The official language of Uganda is English.

(2) Swahili shall be the second official language in Uganda to be used insuch circumstances as Parliament may by law prescribe.

(3) Subject to this article, any other language may be used as a medium ofinstruction in schools or other educational institutions or for legislative,administrative or judicial purposes as Parliament may by law prescribe.”

4. Insertion of new article 8AChapter Two of the Constitution is amended by inserting immediately after article 8,the following—

“8A. National Interest(1) Uganda shall be governed based on principles of national interest and

common good enshrined in the national objectives and directive principles ofstate policy.

(2) Parliament shall make relevant laws for purposes of giving full effect toclause (1) of this article.”

PART III—AMENDMENT OF CHAPTER THREE OF THECONSTITUTION–CITIZENSHIP

5. Amendment of article 14 of the ConstitutionArticle 14 of the Constitution is amended by the repeal of paragraph (a).

6. Amendment of article 15 of the ConstitutionArticle 15 of the Constitution is amended—

(a) by substituting for clauses (1) and (2) the following—

“(1) A citizen of Uganda of eighteen years and above, who voluntarily acquires the citizenship of a country other than Uganda may,retain the citizenship of Uganda subject to this Constitution and any lawenacted by Parliament.

(2) A person who is not a citizen of Uganda may, on acquiring thecitizenship of Uganda, subject to this Constitution and any law enactedby Parliament, retain the citizenship of another country.”

(b) by repealing clauses (3) and (4);

(c) by inserting immediately after clause (5) of that article the following—

“(6) Parliament shall by law prescribe the circumstances under which—

(a) a citizen of Uganda who acquires the citizenship of anothercountry may retain the citizenship of Uganda;

(b) a citizen of Uganda whose citizenship of origin is of anothercountry and who holds the citizenship of another country maycease to be a citizen of Uganda;

(c) a person who is not a citizen of Uganda may, on acquiringUganda citizenship retain the citizenship of another country;

(7) Parliament shall, by law, prescribe the offices of State which aperson who holds the citizenship of another country in addition to thecitizenship of Uganda is not qualified to hold”.

7. Amendment of article 16 of the ConstitutionArticle 16 of the Constitution is amended by substituting for clauses (2) and (3) thefollowing—

“(2) The Board shall consist of a Chairperson, a Deputy Chairperson andsuch other members as Parliament shall by law prescribe.

(3) The members of the Board shall—

(a) be persons of high moral character and proven integrity and appointedby the President with the approval of Parliament;

(b) hold office for such period and on such terms and conditions asParliament shall by law prescribe.

(4) The functions of the Board shall be prescribed by Parliament by law”.


(a) in clause (1), by inserting immediately after paragraph (j) the following—

“(k) to perform such other national duties and obligations as Parliament may by law prescribe”; and

(b) by inserting immediately after clause (2) the following—

“(3) Parliament may, in the case of any duty or obligation under clause (1), prescribe a penalty for contravention of that duty or obligation”.

PART IV—AMENDMENT OF CHAPTER FOUR OF THECONSTITUTION–PROTECTION AND PROMOTION OF FUNDAMENTAL

AND OTHER HUMAN RIGHTS AND FREEDOMS

9. Amendment of article 23 of the ConstitutionArticle 23 of the Constitution is amended in clause (6) by substituting for paragraphs(b) and (c) the following—

“(b) in the case of an offence which is triable by the High Court as well as by asubordinate court, if that person has been remanded in custody in respectof the offence for sixty days before trial, that person shall be released onbail on such conditions as the court considers reasonable;

(c) in the case of an offence triable only by the High Court, if that person hasbeen remanded in custody for one hundred and eighty days before thecase is committed to the High Court, that person shall be released on bailon such conditions as the court considers reasonable.”


(a) by substituting for clause (1) the following—

“(1) A man and a woman are entitled to marry only if they are each of the age of eighteen years and above and are entitled at that age—

(a) to found a family; and

(b) to equal rights at and in marriage, during marriage, and at itsdissolution.”


“(2a) Marriage between persons of the same sex is prohibited.”


“(2) Laws, cultures, customs and traditions which are against the dignity, welfare or interest of women or any other marginalised group to which clause(1) relates or which undermine their status, are prohibited by this Constitution.

(3) There shall be a Commission called the Equal Opportunities Commissionwhose composition and functions shall be determined by an Act of Parliament.

(4) The Equal Opportunities Commission shall be established within oneyear after the coming into force of the Constitution (Amendment) Act, 2005.

(5) Parliament shall make laws for the purpose of giving full effect to thisarticle.”

12. Amendment of article 33 of the ConstitutionArticle 33 of the Constitution is amended by repealing clause (6).

PART V—AMENDMENT OF CHAPTER FIVE OF THECONSTITUTION - REPRESENTATION OF THE PEOPLE


(a) by renumbering existing article 61 as clause (1) of article 61;

(b) by substituting for paragraph (g) of clause (1) of article 61 as renumberedthe following—

“(g) to formulate and implement voter educational programmes relatingto elections; and”;

(c) by inserting at the end of the article the following—

“(2) The Electoral Commission shall hold presidential, and general parliamentary and local government council elections within the first

thirty days of the last ninety days before the expiration of the term of thePresident.

(3) Except where it is impracticable to do so, the ElectoralCommission shall hold presidential, and general parliamentary and localgovernment council elections on the same day.

(4) Subject to this Constitution, the Electoral Commission shall, inaccordance with the law, determine the dates for holding the electionsreferred to in clause (2).”

14. Amendment of article 68 of the ConstitutionArticle 68 of the Constitution is amended by inserting immediately after clause (5)the following—

“(6) Parliament may by law exempt any public election, other than a Presidential or Parliamentary election, from the requirements of clause (1) thatit shall be held by secret ballot.”


(a) by renumbering article 71 as clause (1); and


“(2) Parliament shall by law prescribe a code of conduct for political organisations and political parties and provide for the establishment of anational consultative forum for political parties and organisations with suchfunctions as Parliament may prescribe.”

16. Amendment of article 72 of the ConstitutionArticle 72 of the Constitution is amended by inserting after clause (3) thefollowing—

“(4) Any person is free to stand for an election as a candidate, independent of a political organisation or political party.

(5) Parliament, shall by law, regulate the manner of participation in andfinancing of elections by individuals seeking political office as independentcandidates.”

PART VI—AMENDMENT OF CHAPTER SIX OF THECONSTITUTION–THE LEGISLATURE


“(3) Subject to this Constitution, the term of Parliament shall be five years from the date of its first sitting after a general election.”


(a) by substituting for paragraph (c) of clause (1) the following—

“(c) has completed a minimum formal education of Advanced Level standard or its equivalent which shall be established in a mannerand at a time prescribed byParliament by law.”

(b) by inserting at the end of clause (2) the following—

“(f) has, within the seven years immediately preceding the election, been convicted by a competent court of a crime involving dishonesty ormoral turpitude;

(g) has, within the seven years immediately preceding the election, beenconvicted by a competent court of an offence under any lawrelating to elections conducted by the Electoral Commission.”

(c) by substituting for clause (3) the following—

“(3) Under the movement political system, a person elected toParliament while he or she is a member of a local government council orholds a public office shall resign the office before assuming the office ofa member of Parliament.”

(d) by inserting immediately after cause (3) the following—“(4) Under the multiparty political system, a public officer or a

person employed in any government department or agency of thegovernment or an employee of a local government or any body in whichthe government has controlling interest, who wishes to stand in a generalelection as a member of Parliament shall resign his or her office at leastninety days before nomination day.”

19. Amendment of article 81 of the ConstitutionArticle 81 of the Constitution is amended by repealing clause (1).

20. Insertion of new article 82AChapter Six of the Constitution is amended by inserting immediately after article 82the following—

“82A. Leader of the opposition

(1) Under the multi organisations or multiparty form of democracy, thereshall be, in Parliament, a leader of the opposition.

(2) Parliament shall, by law, prescribe the following in respect of theLeader of the Opposition—

(a) how he or she is chosen and how he or she ceases to hold that office;

(b) his or her status;

(c) his or her role and functions; and

(d) the benefits and privileges attached to his or her office.”


“(7) The right to recall a member of Parliament shall only exist while themovement political system is in operation.”


“(1) A member of Parliament shall be paid such emoluments, such gratuityand pension, and shall be provided with such facilities, as may be determinedby Parliament.”


“87.Clerk to Parliament and other staff of Parliament(1) There shall be a public officer designated Clerk to Parliament

appointed by the President acting in accordance with the advice of the PublicService Commission.

(2) There shall also be such other members of staff as may be necessaryfor the efficient discharge of the functions of Parliament.

(3) The other staff referred to in clause (2) shall be public officers whoshall, notwithstanding articles 166 and 172, be appointed, disciplined andremoved by the Parliamentary Commission subject to any law made byParliament.

(4) The salary, emoluments and gratuity of the staff of Parliament shall bedetermined by Parliament subject to article 93 of this Constitution”.

24. Insertion of new article 87AChapter Six of the Constitution is amended by inserting immediately after article 87the following—

“87A. Parliamentary CommissionThere shall be a Commission called the Parliamentary Commission whosecomposition and functions shall be prescribed by Parliament by law.”

25. Replacement of article 88 of the ConstitutionFor article 88 of the Constitution there is substituted the following—

“88.Quorum of Parliament(1) The quorum of Parliament shall be prescribed by the rules of procedure

of Parliament made under article 94 of this Constitution.

(2) For the avoidance of doubt, the rules of procedure of Parliament mayprescribe different quorums for different purposes.”

26. Replacement of article 90 of ConstitutionFor article 90 of the Constitution there is substituted the following—

“90.Committees of Parliament(1) Parliament shall appoint committees necessary for the efficient

discharge of its functions.

(2) Parliament shall, by its rules of procedure, prescribe the powers,composition and functions of its committees.

(3) In the exercise of their functions under this article, committees ofParliament—

(a) may call any Minister or any person holding public office and privateindividuals to submit memoranda or appear before them to giveevidence;

(b) may co-opt any member of Parliament or employ qualified persons toassist them in the discharge of their functions;

(c) shall have the powers of the High Court for—

(i) enforcing the attendance of witnesses and examining them onoath, affirmation or otherwise;

(ii) compelling the production of documents; and(ii) issuing a commission or request to examine witnesses abroad.”

PART VII—AMENDMENT OF CHAPTER SEVEN OF THE

CONSTITUTION - THE EXECUTIVE


(a) by substituting for clause (3) the following—

“(3) Apart from the election required to be held by clause (2) of article 61 of this Constitution, election of the President shall also be heldin the following circumstances—

(a) an election held under clause (6) of article 104 of thisConstitution;

(b) an election held under clause (3) of article 105 of thisConstitution;

(c) an election held under clause (2) of article 109 of thisConstitution; and

(d) an election necessitated by the fact that a normal presidentialelection could not be held as a result of the existence of a stateof war or a state of emergency in which case, the election shallbe held within such period as Parliament may, by law,prescribe.”


“(6a) Notwithstanding the provisions of clauses (4) and (6) of this article, where, in a presidential election only one candidate is nominated,after the close of nominations, the Electoral Commission shall declarethat candidate elected unopposed”.

28. Amendment of article 105 of the ConstitutionArticle 105 is amended by repealing clause (2) and substituting for it thefollowing—

“(2) A person may be elected under this Constitution to hold office asPresident for one or more terms as prescribed by this article.”


“(6) Article 106 shall, subject to this Constitution, apply to the VicePresident”.


Chapter Seven of the Constitution is amended by inserting immediately after article108, the following—

“108A. Prime Minister(1) There shall be a Prime Minister who shall be appointed by the

President with the approval of Parliament by simple majority from amongmembers of Parliament or persons qualified to be elected members ofParliament.

(2) The Prime Minister shall—

(a) be the Leader of Government Business in Parliament and beresponsible for the coordination and implementation of Governmentpolicies across ministries, departments and other public institutions;and

(b) perform such other functions as may be assigned to him or her by thePresident, or as may be, conferred on him or her by this Constitutionor by law.

(3) The Prime Minister shall, in the performance of his or her functions, beindividually accountable to the President and collectively responsible for anydecision made by the Cabinet.

(4) The office of the Prime Minister shall become vacant if—

(a) the appointment is revoked by the President;

(b) the incumbent resigns or dies; or

(c) the incumbent becomes disqualified to be a member of Parliament.

(5) The Prime Minister shall, before commencing to perform the functionsof his or her office, take and subscribe the oath of allegiance and the oath ofPrime Minister, specified in the Fourth Schedule to this Constitution.

(6) Clause (6) of article 108 applies to the Prime Minister with necessarymodifications as it applies to the Vice President.”

31. Amendment of article 111 of the ConstitutionArticle 111 is amended by substituting for clause (1) the following—

“(1) There shall be a Cabinet which shall consist of the President, the VicePresident, the Prime Minister and such number of Ministers as may appear tothe President to be reasonably necessary for the efficient running of the State.”


Chapter Seven of the Constitution is amended by inserting immediately after article119, the following—

“119A. Deputy Attorney General(1) There shall be a Deputy Attorney General who shall be a Minister

appointed by the President under article 114 with the approval of Parliament.(2) A person shall not be qualified to be appointed Deputy Attorney

General unless he or she is qualified to practise as an advocate of the HighCourt and has so practiced or gained the necessary experience for not less thanseven years.

(3) The Deputy Attorney General shall deputise for the Attorney General”.

PART VIII—AMENDMENT OF CHAPTER NINE OF THECONSTITUTION—FINANCE


(a) in clause (1), by repealing the phrase “and whose office shall be a publicoffice”;

(b) in clause (3), by inserting immediately after paragraph (b) the following—

“(c) in consultation with the Public Service Commission, employ and discipline his or her own staff;

(d) have power to engage private auditors to assist him or her in theperformance of his or her functions.”; and

(c) by inserting immediately after clause (10) the following—

“(11) The Auditor General may retire at any time after attaining the age of 60 years, and shall vacate office on attaining the age of 70 years.

(12) The Auditor General shall vacate office if he or she is under asentence of death or a sentence of imprisonment exceeding nine monthswithout the option of a fine, imposed by a competent court.

(13) Any question for the removal of the Auditor General shall bereferred to a tribunal appointed by the President, which shall submit itsfindings to the President; and the President may remove the AuditorGeneral if the tribunal recommends that he or she should be removed onany of the grounds specified in clause (10).

(14) Where the question for removal of the Auditor General involvesan allegation that the Auditor General is incapable of performing the

functions of his or her office arising from infirmity of body or mind, thePresident shall, on the advice of the head of the Health Services ofUganda, appoint a medical board which shall investigate the matter andreport its findings to the President with a copy to the tribunal.

(15) Where a tribunal is appointed by the President under clause (13)in respect of the Auditor General, the President shall suspend thatAuditor General from performing the functions of his or her office.

(16) A suspension under clause (15) shall cease to have effect if thetribunal advises the President that the Auditor General suspended shouldnot be removed.

(17) Parliament shall make laws to regulate and facilitate theperformance of the functions of the Auditor General.”

PART IX—AMENDMENT OF CHAPTER TEN OF THECONSTITUTION— THE PUBLIC SERVICE

34. Insertion of new article 173AChapter Ten of the Constitution is amended by inserting immediately after article173 of the Constitution, the following—“173A. Head of the Public Service

(1) There shall be a Head of the Public Service who shall be appointed bythe President acting on the advice of the Public Service Commission.

(2) The functions of the Head of the Public Service are as follows—

(a) tendering advice to the President on matters relating to the PublicService;

(b) coordination of the activities of Permanent Secretaries;

(c) supervision of the work of Permanent Secretaries;

(d) serving as a link between the Executive and the Public Service;

(e) serving as a link between Service Commissions;

(f) ensuring the implementation of Cabinet and other Governmentdecisions; and

(g) any other duties assigned to him or her from time to time by thePresident.”

PART X—AMENDMENT OF CHAPTER ELEVEN OF THE

CONSTITUTION—LOCAL GOVERNMENT

35. Amendment of article 181 of the ConstitutionArticle 181 of the Constitution is amended by substituting for clauses (4) and (5),the following—

“(4) All local government councils shall be elected every five years.

(5) Subject to article 61 of this Constitution, elections of all localgovernment councils shall take place on such date as the Electoral Commissionshall determine in accordance with the law.”


“188. Chief and Deputy Chief Administrative Officer(1) There shall be a Chief Administrative Officer and Deputy Chief

Administrative Officer for every district.

(2) Notwithstanding articles 176(2) and (3) and 200 of this Constitution,the Public Service Commission shall appoint persons to hold or act in the officeof Chief Administrative Officer and Deputy Chief Administrative Officer,including the confirmation of their appointments and the exercise ofdisciplinary control over such persons and their removal from office.

(3) Parliament shall by law establish the qualifications and functions of aChief Administrative Officer and Deputy Chief Administrative Officer.”

37. Amendment of article 191 of the ConstitutionArticle 191 of the Constitution is amended in clause (2) by repealing the phrase“personal graduated tax”.


“(4) Notwithstanding anything in this article or in articles 172 and 176(2)and (3) of this Constitution, the power to appoint persons to hold or act in theoffice of Town Clerk in the service of a city or a municipality, including thepower to confirm appointments, to exercise disciplinary control over personsholding or acting in any such office and to remove those persons from office isvested in the Public Service Commission.”

39. Replacement of article 203 of the ConstitutionFor article 203 of the Constitution there is substituted the following—“203. Resident District Commissioner

(1) There shall be for each district a Resident District Commissioner whoshall be appointed by the President.

(2) For a person to be appointed a Resident District Commissioner he orshe shall be a citizen of Uganda and qualified to be a member of Parliament.

(3) The functions of a Resident District Commissioner are—

(a) to monitor the implementation of central and local governmentservices in the district;

(b) to act as chairperson of the district security committee of the district;and

(c) to carry out such other functions as may be assigned by the Presidentor prescribed by Parliament by law.”

PART XI—AMENDMENT OF CHAPTER THIRTEEN OF THE CONSTITUTION—INSPECTORATE OF GOVERNMENT


“(4) The President or any local authority referred to in clause (2) shall at least once every year cause a report to be submitted to Parliament on actionstaken by the President or the local authority on reports submitted to thePresident or the local authority by the Inspectorate of Government, for theinformation of Parliament.

(5) Parliament shall discuss expeditiously any reports submitted to it underclause(1).”

41. Amendment of article 232 of the ConstitutionArticle 232 of the Constitution is amended in clause (2)—

(a) by repealing the word “and” at the end of paragraph (c);

(b) by inserting at the end of paragraph (d) the word “and”; and

(c) by inserting immediately after paragraph (d) the following—

“(e) establishing a special court within the judiciary for combating corruption and prescribing the composition and jurisdiction andprocedures of the court and appeal from the court.”

PART XII—AMENDMENT OF CHAPTER FOURTEEN OF THE CONSTITUTION—LEADERSHIP CODE OF CONDUCT

42. Insertion of new article 235AChapter Fourteen of the Constitution is amended by inserting immediately afterarticle 235 the following—

“235A. Leadership Code Tribunal There shall be a Leadership Code Tribunal, whose composition, jurisdictionand functions shall be prescribed by Parliament by law”.

PART XIII—AMENDMENT OF CHAPTER FIFTEEN OF THE CONSTITUTION—LAND ANDENVIRONMENT


“244. Minerals and petroleum(1) Subject to article 26 of this Constitution, the entire property in, and the

control of, all minerals and petroleum in, on or under, any land or waters inUganda are vested in the Government on behalf of the Republic of Uganda.

(2) Subject to this article, Parliament shall make laws regulating—

(a) the exploitation of minerals and petroleum;

(b) the sharing of royalties arising from mineral and petroleumexploitation;

(c) the conditions for payment of indemnities arising out of exploitation ofminerals and petroleum; and

(d) the conditions regarding the restoration of derelict lands.

(3) Minerals, mineral ores and petroleum shall be exploited taking intoaccount the interest of the individual landowners, local governments and theGovernment.

(4) In this article—

“mineral” means any substance, other than petroleum, whether in solid, liquid or gaseous form occurring naturally in or on the earth, formedby or subject to a geological process;

“petroleum” means—

(a) any naturally occurring hydrocarbons, whether in gaseous,liquid or solid state;

(b) any naturally occurring mixture of hydrocarbons, whether in agaseous, liquid or solid state; or

(c) any naturally occurring mixture of one or more hydrocarbons(whether in a gaseous, liquid or solid state) and any othersubstances; and includes any petroleum as defined byparagraph (a), (b) or (c) that has been returned to a naturalreservoir, but does not include coal, shale, or any substancethat may be extracted from coal or shale.

(5) For the purposes of this article, “mineral” does not include clay, murram, sand or any stone commonly used for building or similar purposes.

(6) Parliament may regulate the exploitation of any substance excludedfrom the definition of mineral under this article when exploited for commercialpurposes.”

PART XIV—AMENDMENT OF CHAPTER SEVENTEEN OF THECONSTITUTION—GENERAL AND MISCELLANEOUS


“255. Referenda generally(1) Parliament shall by law make provision for the right of citizens to

demand the holding by the Electoral Commission of a referendum, whethernational or in any particular part of Uganda, on any issue.

(2) Parliament shall also make laws to provide for the holding of areferendum by the Electoral Commission upon a reference by the Governmentof any contentious matter to a referendum.

(3) Where a referendum is held under this article, the result of thereferendum shall be binding on all organs and agencies of the state and on allpersons and organizations in Uganda.

(4) A referendum to which clause (3) applies, shall not affect—

(a) the fundamental and other human rights and freedoms guaranteedunder Chapter Four of this Constitution;

(b) the power of the courts to question the validity of the referendum”.PART XV—AMENDMENT OF CHAPTER NINETEEN OF THE CONSTITUTION—

TRANSITIONAL PROVISIONS

45. Miscellaneous repealsThe following provisions of the Constitution are repealed—

(a) article 263—Transitional Government;

(b) article 264—Particular functions of Transitional Government;

(c) article 265—Existing Courts of Judicature;

(d) article 266—Existing offices of Judges;

(e) article 267—Interim membership of Court of Appeal;

(f) article 269—Regulation of political organisations;

(g) article 270—Existing political parties or organisations;

(h) article 271—First elections;

(i) article 272—Appointment to certain offices;

(j) article 274—Modification of existing law by first President;

(k) article 276-—Provisions regarding urban authorities;

(l) article 277—Existing commissions and committees of inquiry except forcommissions and committees of inquiry whose work would still be goingon at the time the repeal takes effect;

(m) article 278—Oaths deemed to have been taken;

(n) article 285—Revocation of statutory leases to urban authorities;

(o) article 287—Repeal of 1967 Constitution and Legal Notice No. 1 1986.46. Insertion of articles on transitionChapter Nineteen of the Constitution is amended by inserting immediately afterarticle 287 the following—

“288. Term of current Parliament to end with term of the President(1) Notwithstanding anything in this Constitution, the term of the

Parliament in existence at the time this article comes into force, shall expire onthe same date as the five year term of the President in office at the time thisarticle comes into force as prescribed by clause (1) of article 105 of thisConstitution.

(2) Where the service of a member of Parliament is terminated as a resultof the application of clause (1), that member of Parliament is entitled to thepayment by the State of compensation for loss of employment for the period bywhich his or her service as a member of Parliament is shortened.

(3) The amount of compensation to be paid to a member of Parliamentunder clause (2) shall be equal to the salary and allowances that the member ofParliament would have earned as a member if he or she had continued to be amember until the date on which the term of the Parliament in question wouldnormally have ended.

(4) Where a member of Parliament entitled to compensation under clause(2) dies before the payment to him or her of the compensation, thecompensation shall be paid to his or her estate.

289. Transitional provision relating to KampalaUntil Parliament passes a law in accordance with article 5 of this Constitutionto provide for the administration and development of Kampala as the capitalcity for Uganda, Kampala the boundary of which is required to be delineated byarticle 5 of this Constitution shall be administered as a district in the manner inwhich Kampala was administered before the commencement of theConstitution (Amendment) Act, 2005.

290. Five year term of local government councils not to apply to existingcouncils(1) For the avoidance of doubt, the term of five years prescribed for local

government councils by clause (4) of article 181 of this Constitution shall onlyapply after the expiration of the term of the local government councils whichwere in existence at the time that that clause came into force.

(2) The term of local government councils in being at the time of thecommencement of the Constitution (Amendment) Act, 2005 shall be deemed tobe extended to expire at the same time as the term of the President in office atthe commencement of that Act.

291. Modification of laws(1) Subject to any express provision of this Constitution any laws in

existence before the commencement of the Constitution (Amendment) Act,2005 shall continue in force subject to such modifications, adaptations andqualifications as may be necessary to give effect to this Constitution.

(2) The President may by statutory instrument, within two years after thecommencement of the Constitution (Amendment) Act, 2005, make suchmodifications in any law referred to in clause (1), for the purpose of bringing itinto conformity with this Constitution.

(3) Where any law referred to in clause (1) is not yet in force, that lawmay be brought into force in accordance with its terms or shall come into forceon such subsequent day as the case may be.

292. Preservation of rights in respect of existing officesSubject to article 268, any person holding any office under this Constitutionbefore the coming into force of the Constitution (Amendment) Act, 2005 shall,so far as consistent with this Constitution, continue in office in an equivalentoffice.293. Existing constituenciesUntil Parliament prescribes the constituencies under article 63, theconstituencies shall be those into which Uganda was divided before the cominginto force of the Constitution (Amendment) Act, 2005.

294. Movement organs continuedUntil the first Parliamentary elections for the purpose of the multi partypolitical system are held, the organs under the movement political system asreferred to in clause (2) of article 70 of the Constitution shall remain in forceand thereafter shall be subject to clause (3) of article 70 and article 73.”

PART XVI—AMENDMENT OF SCHEDULES TOTHE CONSTITUTION

47. Amendment of Second Schedule to the ConstitutionThe Second Schedule to the Constitution is amended by substituting for the word“Zaire” the words “Democratic Republic of Congo”.

48. Amendment of Third Schedule to the ConstitutionThe Third Schedule to the Constitution is amended by the insertion in theappropriate places alphabetically of the following—

“Aliba;Aringa;Banyabutumbi;Banyaruguru;Barundi;Gimara;Ngikutio;Reli; andShana.”

49. Amendment of Fourth Schedule to the ConstitutionThe Constitution is amended, in the Fourth Schedule by inserting immediatelybefore the ‘Oath of Minister’ the following—

“OATH OF PRIME MINISTER

“I …….............................................. being appointed Prime Minister of Uganda swear in the name of the Almighty God/solemnly affirm that I will at all times welland truly serve the Republic of Uganda in the office of Prime Minister, and I willsupport and uphold the Constitution of the Republic of Uganda as by lawestablished; and that I will to the best of my judgment at all times when required,freely give my counsel and advice to the President of Uganda and his/her successorsin office as by law established for the good management of the public affairs of theRepublic of Uganda; and that I will not directly or indirectly reveal any matter asshall come to my knowledge in the discharge of my duties and committed to mysecrecy. [So help me God].”

THE CONSTITUTION (AMENDMENT)ACT, 2005 ARRANGEMENT...

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